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About McDaniels Law

At McDaniels Law, we’re devotees of detail. We pore over every pixel, stitch and rivet. We revel in every chamfer, keystroke, strapline, trim and line break. We make a note of every soldered resistor, chiselled groove and chunk of code. All this, to provide you with impenetrable Intellectual Property protection.

Philosophy

Philosophy

At the core of our philosophy lies an understanding on how Intellectual Property can shape your brand and your business, and what that means to you. Our dedication to your design, our commitment to your concept, our passion for your product. They’re matched only by your own.

History

In 2005, Niall and Rozanna Head-Rapson opened a niche Intellectual Property practice in Newcastle, bringing a City flavour of legal services to the North East from their Magic Circle milieu. In 2023, Director Kelly Hudson took over control of the firm from Niall Head-Rapson and looks forward to continuing to develop the business and enhance the client offering. Having trained with the firm and developed a strong practice as both a solicitor and dual qualified chartered trade mark attorney, Kelly has a strong understanding of the firm’s ethos and client base. Now, with its head office on the banks of the iconic River Tyne in the Northern Design Centre, and a further office in the North West, the growing team support our extensive client base which spans the length and breadth of the country and also includes numerous international clients.

Experience

We have acted for various clients in cases which have reached trial and subsequently have become reported decisions. Our instructions cover the full range of IP and related disputes, such as misuse of confidential information, and we are currently acting in contentious issued proceedings for patent infringement, copyright, trade mark and registered design right infringement. We also have dealt with several high value trade mark infringement cases and have, on numerous occasions, sought interim injunctions on behalf of clients. In addition, we regularly deal with prosecutions before the UKIPO and have dealt with oppositions up to Board of Appeal level at the EUIPO. At any time we also have many disputes which we are dealing with, and which often settle, through pre-action correspondence.

A selection of reported cases the firm has been instructed on:

Raft Ltd v Freestyle of Newhaven Ltd & Ors

[2016] EWHC 1711 (IPEC) (13 July 2016)

Alfrank Designs Ltd v Exclusive Ltd

Alfrank Designs Ltd v Exclusive (UK) Ltd & Anor

[2015] EWHC 1372 (IPEC) (18 May 2015)

Dowman Imports Ltd v Toobz Ltd

Dowman Imports Ltd v 2 Toobz Ltd (Rev 1)

[2020] EWHC 291 (Comm) (28 February 2020)

Cormeton Fire Protection Ltd v Pyrocel Ltd

Cormeton Fire Protection Ltd v Pyrocel Ltd & Anor

[2021] EWHC 2384 (IPEC) (26 August 2021) 

Evans t/a Firecraft v Focal Point Fires Plc

Evans & Anor (t/a Firecraft) v Focal Point Fires Plc

[2009] EWHC 2784 (Ch) (10 November 2009)  

Ifejika v Ifejika

Ifejika v Ifejika & Anor

[2010] EWCA Civ 563 (25 May 2010)

Deakin Anor v Card Rax Ltd Ors

Deakin & Anor (t/a Faith Image Source) v Card Rax Ltd & Ors

Deakin & Anor (t/a Faith Image Source) v Card Rax Ltd & Ors

Indigo Furniture Ltd v Futurelook Ltd

Indigo Furniture Ltd v Futurelook Ltd & Anor

[2011] EWPCC 13 (19 May 2011)

Castledine v RSM Bentley Jennison (a firm) & Anor

[2011] EWHC 2363 (Ch) (15 September 2011)

Fairfax Favor v House of Bruar

Fairfax & Favor Ltd & Ors v The House Of Bruar Ltd & Ors

[2022] EWHC 689 (IPEC) (25 March 2022)

Evans & Anor v Joseph Joseph Ltd & Anor

[2022] EWHC 192 (Ch) (04 February 2022)

Areas of expertise...

Advertising

Dealing with issues raised by the process of advertising, dealing with the regulatory aspects, brand and copy clearance through to issues of trade mark infringement, defamation, malicious falsehood and comparative advertising.

Art and design

Focusing on protection, ownership, assignment and licensing and exploitation issues on both sides of the fence; acting for both the creators and those wishing to lawfully commercially exploit works.

Creative industry

We give cradle to grave advice from the inception of an idea through its evolution to fruition, including documenting the process, advising on the best exploitation methods and raising finance to support the product journey.

Branding and brand management

Facilitating effective brand protection through our partnership with monitoring services to ensure that your brand is not diluted or infringed. We can intervene as necessary to prevent misuse. We are experts in the use of take-down notices, domain name challenges, and, as a last result, court proceedings.

Furniture

Acting for a number of leading furniture designers and manufacturers, we have extensive experience in the wide range of issues which confront furniture manufacturers. From design origination, protection of those designs, dealing with overseas factories and transport, counterfeiting and unfair competition.

Online and social media

The issues surrounding digital and social media are intimately known to McDaniels Law. We advise on everything from the creation of websites and apps, all the way through to online trading and the use of social media as an advertising tool. We have significant experience in identifying infringement online and resolving such cases without the need for Court interference.

Science and invention

With graduate-level scientists, McDaniels Law acts for and understands not only the issues which surround science and invention but also understand the terminology. We get to grips with the issues quickly in a friendly and understanding way. Because of this, we get to the bottom of the issues clearly and concisely.

Textiles, clothing and fashion

McDaniels Law act for well-known fashion brands, textile designers, surface pattern designers and retailers.  We understand the issues which surround the creation of new designs, implementation and protection of all design, branding, advertising, distribution and networking.